2014-18 Agreement for Acquisition of Utility EasementRESOLUTION 2014 -18
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT WITH
TROY AND ALISON MISCHKE FOR THE ACQUISITION OF A UTILITY
EASEMENT OVER PROPERTY LOCATED AT 536 OVERLOOK DRIVE;
AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE
AGREEMENT AND UTILITY EASEMENT ON BEHALF OF THE VILLAGE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Troy and Alison Mischke ( "Mischke ") are the owners of property located at 536
Overlook Drive ( "Property ") within the Village; and
WHEREAS, during the course of the construction of a new residence on the Property, the Village
discovered the existence of a sanitary sewer line across the property that serves restrooms located
on the North Palm Beach Country Club Golf Course; and
WHEREAS, the Village and Mischke wish to enter into an Agreement whereby Mischke will
grant the Village a Utility Easement over the Property for excavation, reconstruction and maintenance
of the sewer line in exchange for the clearing of vegetation within the easement area and the
reimbursement of certain costs related to the construction of a sidewalk and driveway apron within
the adjacent right -of -way and for legal review of the Agreement and Easement; and
WHEREAS, the Village Council determines that the execution of the Agreement and Utility
Easement is in the best interests of the residents and citizens of the Village of North Palm Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council of the Village of North Palm Beach, Florida, hereby approves
an Agreement with Troy and Alison Mischke, a copy of which is attached hereto and incorporated
herein by reference. The Village Council further authorizes the Mayor and Village Clerk to
execute both the Agreement and the Utility Easement (attached as an exhibit to the Agreement) on
behalf of the Village.
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 27th DAY OF MARCH, 2014.
(Village Seal)
MAYOR
ATTEST:
VILLAGE CLERK
Prepared by:
Leonard G. Rubin, Esquire
Leonard G. Rubin, P.A.
701 Northpoint Parkway, Suite 209
West Palm Beach, FL 33407
Return to
Office of the Village Clerk
Village of North Palm Beach
501 U.S. Highway 1
North Palm Beach, FL 33408
UTILITY EASEMENT
C)= N 201401:36991
OR SK 267:31 PG 1492
RECORDED 04/16/2014 11:27:58
Palm Beach County, Florida
AMT 10.00
Doc Stamp 0.70
5har-an R. Rack,CLERK & COMPTROLLER
Pqs 1492 - 1497; (6pgs)
THIS EASEMENT is made by Troy and Alison Mischke, 536 Overlook Drive, North
Palm Beach, FL 33408 (collectively "Grantor "), in favor of the Village of North Palm Beach, a
Florida municipal corporation, 501 U.S. Highway One, North Palm Beach, FL 33408 ( "Grantee ").
WITNESSETH:
WHEREAS, Grantor is the owner of a parcel of real property within the Village of North
Palm Beach located at 536 Overlook Road, legally described as Lot 25 of the Golf Course
Addition to the Village of North Palm Beach (PCN: 68- 43- 42- 08 -03- 000 -0250) ( "Property "); and
WHEREAS, Grantee desires an easement over that portion of the Property specifically
described below relating to an existing sanitary sewer line ( "Facilities ") and Grantor is willing to
grant such easement subject to the terms and conditions set forth herein.
NOW, THEREFORE, for and in consideration of the payment of $10.00 and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by both
parties, Grantor and Grantee agree as follows:
1. Grantor grants and gives to Grantee, its agents, employees and contractors, a
non - exclusive perpetual easement for the operation, maintenance and reconstruction of sanitary
sewer facilities and improvements over the following described portion of the Property:
See Sketch and Legal Description attached as Exhibit "A"
( "Easement Area ")
2. In addition to fences and landscaping, Grantor shall be permitted to construct
and maintain encroachments within the Easement Area as depicted in Exhibit "B" attached
hereto and incorporated herein. Absent emergency circumstances, Grantee shall not perform
any excavation, maintenance or reconstruction activities within the Easement Area without first
obtaining the consent of Grantor, such consent not to be unreasonably withheld. After any
excavation, maintenance or reconstruction activity, Grantee shall restore the Property to equal
or better condition subject to Grantor's approval, which shall not be unreasonably withheld.
Such restoration activities shall include, but not be limited to, the replacement and restoration of
all fences and landscaping, in addition to the replacement and restoration of that portion of the
air conditioning pad, patio and pool deck located within the Easement Area as depicted in
Exhibit "B." Restoration shall be completed within thirty (30) days after the excavation,
maintenance or reconstruction activity.
Page 1 of 3
3. In the event the Facilities fail to function properly and such failure interferes with
Grantor's use and enjoyment of the Property, Grantor shall immediately notify Grantee. In the
event Grantee fails to correct the issue within twenty -four (24) hours of Grantor's notification,
Grantor shall be permitted to perform any necessary repair to the Facilities, and Grantee shall
reimburse Grantor for all reasonable, documented costs incurred in repairing the Facilities within
twenty (20) days of Grantor submitting such documentation to Grantee.
4. Except to the extent caused by the negligent or intentional acts or omissions of Grantor
or any person retained by or acting on behalf of Grantor, Grantee hereby releases Grantor and
Grantor's family members, agents, successors and assigns from any and all damage to the
Facilities and from personal injuries sustained by agents, employees, or contractors of Grantee
working or entering the Easement Area for any purpose. Grantor shall not be liable to Grantee
for any root damage to the Facilities caused by landscaping installed in the Easement Area.
5. To the extent permitted by law, Grantee agrees to indemnify and hold harmless Grantor,
its family members, invitees, agents, successors and assigns from and against any and all
claims, damages, losses, liabilities and expenses, including, without limitation, attorney's fees
and costs, arising out of excavation, maintenance reconstruction and all other activities
performed by Grantee, its officers, agents and contractors, within the Easement Area. Nothing
set forth herein shall constitute a waiver of Grantee's sovereign immunity protections or the
limitations of liability set forth in Section 768.28, Florida Statutes. In the event that Grantee
retains a third party contractor to perform any activities on the Easement Area, Grantee shall
ensure that such contractor carries both statutorily required worker's compensation insurance
and appropriate liability insurance and that Grantor is added to the contractor's liability policy as
a named insured prior to the contractor commencing such activities.
N WITNESS WHEREOF, Grantor has granted this Easement this Ge day of
✓f/
12014.
GRANTOR:
Witnessed by:
- '�U��1V R By:
Print Name.-Tau; �WW\
Tro chke
A
Print Name:�/������,¢
By: � ` x
Alison Aischke
Print Name:
P, r i n t Name:`��
Page 2 of 3
State of Florida )
County of Palm Beach )ss:
The foregoing instrument was acknowledged before me this Z day of MCAT
4 Troy Mischke and Alison Mischke, who are personally known to me or produced
b
L as identification.
-Tk DL
My commission expires:
Attest:
Melissa Teal, Village Clerk
Page 3 of 3
N a Public_ ,
P in Name: J
+ �� ��
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JESSICA J. GREEN
NOTARY PUBLIC
STATE OF FLORIDA
GRANTEE:
. Comm# FF029M
Expires 317=16
VILLAGE OF NORTH PALM BEACH,
FLORI A
By: . 0 P 0
arryl C. brey, Mayor
2�02 711y
Date:
Attest:
Melissa Teal, Village Clerk
Page 3 of 3
EXHIBIT "A"
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A 10' foot utility easement for water and sewer purposes, said easement being a portion of Lot 25, GOLF
COURSE ADDITION TO THE VILLAGE OF NORTH PALM BEACH, according to the Plat thereof as recorded in
Plat Book 27, Page(s) 96, of the Public Records of Palm Beach County, Florida, being more particularly
described as follows:
For the purpose of this description the bearings as shown hereon are based on the Southeasterly line of
said Lot 25 which is assumed to bear North 55'03'05" East and all other bearings are relative thereto.
Beginning at the Northeast corner of said Lot 25; thence North 34'56'55" West, along the northeasterly
line of said Lot 25, a distance of 5.27 feet to the beginning of a curve to the left, having a radius of
400.00 feet and a central angle of 0'40'39 "; thence northwesterly along the arc of said curve and along
the northeasterly line of said Lot 25, a arc distance of 4.73 feet to a point on a line 10 feet
northwesterly of as measured at right angles to and parallel with the southeasterly line of said Lot 25;
thence South 55'03'05" West, along said parallel line, a distance of 150.02 feet to the beginning of a
non tangent curve, concaved to the southwest, having a radius of 250.00 feet and a central angle of
1'05'03 ", a radial line passing through said point bears North 53'58'02" East; thence southeasterly along
the arc of said curve and along the southwesterly line of said Lot 25, a arc distance of 4.73 feet to a
tangent line; thence South 34'56'55" East, along the southwesterly line of said Lot 25, a distance of
5.27 feet to the Southeast corner of said Lot 25; thence North 55'03'05" East, along the southeasterly
line of said Lot 25, a distance of 150.00 feet to the Point of Beginning.
Containing 1,500.03 Square Feet, more or less.
SURVEYOR'S CERTIFICATE:
I hereby certify to the best of my knowledge and belief that this legal description and sketch is a true
and correct representation of the described property. I further certify that this leagl description meets all
applicable requirements of the Florida Minimum Technical Standards as contained in Chapter 5J -17 Florida
Administrative Code.
Survey Date: 02/05/2014 James R. Zeis, P.S.M.
Professional Surveyor & Mapper LS 5030
State of Florida
REV. REVISION DESCRIPTION I BY I DATE
JAMES R. ZEIS, P.S.M.
7-fw-1,5 19910 Hibiscus Drive
Tequesta, Florida 33469
conou t$iit Phone: 561- 632 -7035 LB 7851
SCALE: N/A DRAWN BY. FIELD BOOK: DATA FILE: JOB NUMBER
DATE: 02/05/2014 1 J.R.Z N/A N/A 0214
LEGAL DESCRIPTION & SKETCH OF THE
SHEET 1 OF 2 10' UTILITY EASEMENT FOR 536 OVERLOOK DRIVE
THE LEGAL DESCRIPTION & SKETCH ARE NOT NORTH PALM BEACH, FLORIDA
COMPLETE WITHOUT ALL SHEETS ATTACHED cuENr: VILLAGE OF NORTH PALM BEACH
24
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GOLF
COURSE .�
LEGEND:
74
00
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(536 OVERLOOK DRIVE)
25
ti
GOLF COURSE ADDITION TO THE / / ��•
VILLAGE OF NORTH PALM BEACH
PLAT BOOK 27, PAGE(S) 96
/ / / '�• 2 °gym $ � \
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= CENTERLINE
= DELTA OR CENTRAL ANGLE
R = RADIUS DISTANCE
L = LENGTH OF ARC
GRAPHIC SCALE
30 0 15 30
1 INCH = 30 FEET
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26
SHEET 2 OF 2
THE LEGAL DESCRIPTION & SKETCH ARE NOT
COMPLETE WITHOUT ALL SHEETS ATTACHED
REV. REVISION DESCRIPTION I BY I DATE
JAMES R. ZEIS, P.S.M.
7-F-15 19910 Hibiscus Drive
Tequesta, Florida 33469
conou tai1t Phone: 561 - 632 -7035 LB 7851
C �� BY: I REM � OO: I DATA MILE: JOB
0214
NUMBER
DATE: 02/05/20 J I
LEGAL DESCRIPTION & SKETCH OF THE
10' UTILITY EASEMENT FOR 536 OVERLOOK DRIVE
NORTH PALM BEACH, FLORIDA
CLIENT: VILLAGE OF NORTH PALM BEACH
EXHIBIT "B"
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